PROCEDURE-COURT

HPD Can't Seek Civil Penalties from Landlord in Tenant's HP Proceeding

May 25, 2021    

Tenant sued landlord in housing court in an HP proceeding, seeking correction of specified conditions that violated the Housing Maintenance Code (HMC). HPD later asked the court to hold landlord in contempt and...

Federal Court Dismisses Landlord Case Seeking CEEFPA Injunction

May 25, 2021    

Five landlords sued the New York State Attorney General (AG) in federal court in February 2021, challenging the constitutionality of Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (...

Eviction Case Dismissed Based on Improper Service of Court Petition

May 24, 2021    

Landlord sued to evict tenant for creating a nuisance through improper conduct. Tenant asked the court to dismiss the case based on improper service of the court papers. Tenant pointed out that landlord's notices...

Landlord Never Served Tenant with Petition

May 24, 2021    

Landlord sued to evict tenant for creating a nuisance. Landlord later asked the court for permission to amend its notice of petition. Tenant, in turn, asked the court to dismiss the case. Landlord had sent its court...

Landlord's Predicate Notices Were Defective

May 24, 2021    

Landlord sued to evict tenant for nuisance and for violating his lease by illegally subletting his apartment for short-term rentals at excessive rates and without landlord's knowledge or consent. Landlord also...

No Proof CEEFPA Nuisance Exception Applied to Tenant

April 23, 2021    

Landlord sued to evict tenant for creating a nuisance through harassing behavior. Tenant claimed retaliatory eviction and asked for a temporary stay of the case until May 1, 2021, under CEEFPA after filing a hardship...

Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021    

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia...

Failure to Register Current Rent Results in Dismissal of Nonpayment Case

April 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also...

Landlord's Nonprimary Residence Holdover Dismissed After Tenant Died

April 21, 2021    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, attorneys for occupant.)

Tenant's Use and Occupancy Payments Limited by HSTPA

February 24, 2021    

Landlord sued to evict tenant, based on claimed illegal conversion of the apartment by tenant's installation of partitions and creating added rooms in the unit. Landlord asked the court to direct tenant to pay...

Defective Rent Demand Resulted in Dismissal of Eviction Proceeding

December 21, 2020    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of rent. The court granted tenant's request to dismiss the case, finding that landlord's rent demand didn't contain a good-...

HDFC Didn't State Cause for Termination in Its Eviction Petition

December 14, 2020    

Landlord HDFC sued to evict tenant, who had only a verbal rental agreement. Tenant asked the court to dismiss the case because landlord hadn't stated any cause to terminate her tenancy in its court papers. The...